Regular Meeting

BOARD OF ALDERMEN

CITY OF PARKVILLE, MISSOURI

January 20, 2004

CALL TO ORDER

Mayor Pro Tem Marvin J. Ferguson called the meeting to order in the Administrative Conference Area at 6:00 p.m.

ROLL CALL

Ward 1 Alderman Jack Friedman - present

Ward 1 Alderman Charlie Poole - present

Ward 2 Alderman David McCoy - present

Ward 2 Alderman Dave Rittman - present

Ward 3 Alderman Marvin Ferguson - present

Ward 3 Alderman Linda Arnold - ARRIVED AT 6:30

Ward 4 Alderman Marc Sportsman - present

Ward 4 Alderman Kathy Dusenbery - present

ALSO PRESENT:

STAFF: City Administrator Pat Hawver

City Attorney Jack Campbell

VISITOR: Charlie Zitnik, Kirkpatrick-Pettis

MEDIA : Martha Zirschky, Platte Dispatch

Nancy Jack, Parkville Post

Mike Sherry, KC Star

Aldermen were in work session until 7:15 p.m., when they moved to the Board Room, with all above present, plus:

STAFF: Police Chief Bill Hudson

Community Development Director Danielle Devlin

City Clerk Barbara Lance

Assistant City Clerk Sandra Gover

VISITORS: Ryan Harris and Austin Cade, Boy Scout Troop #314

Janet Garms, Stinson, Morrison & Hecker

Residents and property owners

MEDIA: Andy Young and Joe Gleason for Channel 2

Mayor Pro Tem Ferguson announced that the meeting had been convened in the Administrative Conference Area at 6 p.m. They discussed refinancing for capital improvements. A proposal to put the matter to the voters would be considered in this meeting, he said.

CITIZEN INPUT

Mayor Ferguson asked for citizen input. There was none.

BILLS AND ORDINANCES

ALDERMAN POOLE MOVED TO APPROVE BILL 2129, PLACING A PROPOSITION ON THE APRIL BALLOT REGARDING TAX TO AMEND THE OPERATING TAX RATE, FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FRIEDMAN MOVED TO APPROVE BILL 2129 ON FIRST READING AND TO PLACE IT ON SECOND READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FRIEDMAN MOVED THAT BILL 2129 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2111; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Bill 2129 was posted 1/16/04.

Mr. Ferguson said the second bill to be considered was amending the zoning ordinance to add written language to conform to current practice about notification of owners adjacent to property being considered for rezoning, and to stipulate that a sign be put on the property. Mr. Ferguson suggested that we add a requirement for a public hearing before the Board of Aldermen, as well as the one before the Planning Commission. It was decided to do that at a later meeting.

ALDERMAN FRIEDMAN MOVED THAT BILL 2130, AMENDING THE ZONING CODE TO ADD LANGUAGE REGARDING PUBLIC HEARINGS, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FRIEDMAN MOVED THAT BILL 2130 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FRIEDMAN MOVED THAT BILL 2130 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2112; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Bill 2130 was posted 1/16/04.

ACCOUNTS PAYABLE

ALDERMAN FRIEDMAN MOVED THAT BILL A-734, TO PAY LISTED SALARIES AND ACCOUNTS, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FRIEDMAN MOVED THAT BILL A-734 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN McCOY SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FRIEDMAN MOVED THAT BILL A-734 BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-734; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Bill A-734 was posted 1/16/04.

CITY ADMINISTRATOR’S REPORT

Transportation Development District Agreement. Mr. Hawver said the Board will be asked to consider the final agreement on this; it’s needed before Price Chopper opens. He distributed copies of the preliminary agreement to the Board.

Mr. Campbell said he has been involved off and on with this matter for about six or eight months. It’s preliminary, so there are some typos. There is a major issue that needs to be resolved between the

He said Mr. Hawver has operated under the assumption that sales tax money from the sales tax will be used to work on Highway 9. The way this agreement reads has led us to believe that’s not the case. Perhaps the intersection could be improved with this tax. But this was an issue we kind of argued about between lawyers and then put on the back burner. The developer basically said “Don’t worry about it,” but he thinks it needs to be resolved before we vote on it, he said.

All this stuff has to be approved by the court in Platte County, he said. In his opinion there was some question – we don’t want to get into this and find out we can’t do what we expected to be able to do.

The Transportation Development District Board is elected almost in its entirety by the owners of the shopping center and we don’t actually have a person on that board. That may be an issue as to how the money can be used.

Mr. Hawver said obviously Mr. Campbell and Pete Heaven, the attorney for the district, need to discuss these things.

Mr. Campbell said the sales tax is being imposed on just the businesses in the project for a period of time to be used on streets, parking and everything within the project. His understanding is some of this money could be used on adjoining streets – Highway 9 and Bell Road. There is some question in his mind about the way it’s written – he thinks we could put up traffic lights. He said we need to make sure what the five people on the Board ends actually been a district create. We don’t have a vote.

Mr. Ferguson asked if this requires additional study. Mr. Campbell said he thought it required additional wording. Mr. Hawver said if we don’t get those issues resolved to Mr. Campbell’s satisfaction we won’t be considering this ordinance at the next meeting.

Mr. Rittman asked when the sales tax becomes effective. Mr. Hawver said he was not prepared to talk about it that night. Mr. Campbell said that amount has been decided. He thought it was 1% for a number of years. Mr. Hawver said we have already approved most of the details of the Transportation District. Mr. Rittman asked if we haven’t already set the rate of tax. Mr. Hawver said he would have that information at the next meeting.

POLICE CHIEF’S REPORT

Chief Hudson said it had been a quiet two weeks, and he had no report.

COMMUNITY DEVELOPMENT DIRECTOR’S REPORT

Sign permit for Park Bank. Ms. Devlin said there are three wall signs, on the north, south and east sides. The square footage is indicated on the application and also the area of the building. Because it is in B-4 zoning the Board has to approve it. It is fairly modest signage.

ALDERMAN FRIEDMAN MOVED TO APPROVE THE APPLICATION FOR A SIGN PERMIT AT PARK BANK ON CROOKED ROAD; ALDERMAN DUSENBERY SECONDED; ALL AYE; MOTION CARRIED 8-0.

COMMITTEE REPORTS

Ad Hoc Ambulance Committee. Mrs. Dusenbery said they had two meetings in the past ten days. MAST approached all municipalities in this area with a proposed assessment figure for ambulance services. Parkville’s would be about $21,000. Today she met with other municipalities in the county. They brought in another company called NORAD. They will give a presentation to our Board so we may make an educated decision. Our goal is to look at this as a working project, she said, and asked Chief Hudson to attend some of these meetings so they could have some input from him. He agreed. Mr. Rittman asked if the committee is at a point where we need to start providing notice to MAST. He thought there was something about giving them a year’s notice – he stressed he was not saying we will – but just think-ing about it in case we do. Mrs. Dusenbery said they are giving us five different options: MAST may not be in the same form as it is today. State law says they have to stay in service for a year.

Mr. Rittman said we want to do something about response times. They were not meeting minimum response time in the summer. The response time for Parkville police is three minutes or less anywhere in the city. Mrs. Dusenbery added that quality of care is one thing we really have to be careful about.

Mr. Hawver said there are three options:

1. No longer is the city going to get fee ambulance service from MAST.

2. The committee is assessing Northland Regional Ambulance District. It may be more costly.

3. A new entity may be created with the South Platte Fire Protection District.

Chamber of Commerce/Main Street Parkville Association. No report.

Channel 2. No report.

Community Center. No report. Mrs. Arnold Mary Mooney Burns of the YMCA was at a luncheon she attended; Mrs. Burns offered to give aldermen and residents information on Community Center memberships at the Board’s convenience. When we have an update on Parkville Commons, Mrs. Arnold said, we should invite her to attend and tell about memberships for the Community Center. Mr. Sportsman said we should also invite Platte County Parks Director Brian Nowotny.

Financial Report. None this meeting.

Nature Sanctuary. No report.

Parks. No report.

Planning Commission. Mr. Ferguson said this matter was already addressed.

Mayor Pro Tem Ferguson asked if there was any other business. There was not.

ALDERMAN DUSENBERY MOVED TO GO INTO EXECUTIVE SESSION TO DISCUSS PERSONNEL UNDER AUTHORITY OF RSMo 610.021(3); ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED 8-0.

The meeting was adjourned into executive session at 8:52 p.m.

Mr. Rittman expressed concern that this would be a lengthy session, and asked media whether they wanted to stay or to be called upon its conclusion. Mrs. Zirschky, Ms. Jack and Mr. Sherry asked to be called, and left their phone numbers with the Board of Aldermen.

ALDERMAN FRIEDMAN MOVED TO RETURN TO OPEN SESSION; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 8-0.

ALDERMAN RITTMAN MOVED TO ACCEPT THE RESIGNATION OF MAYOR CHARLEY KUTZ; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED 8-0.

Board members composed a press release covering the acceptance of the mayor’s resignation; a copy is attached to these minutes.

ALDERMAN McCOY MOVED TO ADJOURN; ALDERMAN FERGUSON SECONDED; ALL AYE; MOTION CARRIED 8-0.

The meeting was adjourned at approximately 11 p.m.

Submitted by ___________________________________

City Clerk Barbara J. Lance - 1/26/04